Republic of the Philippines

Department of Justice
Provincial Prosecution Office of Bohol
City of Tagbilaran

PI JOSEPH BERONDO
Complainant, NPS No. VII-02-INV-10J-01612
For:
-versus- RECKLESS IMPRUDENCE
RESULTING IN MULTIPLE
LEMUEL CAHIG HOMICIDE
Respondent.
x-----------------/
REPUBLIC OF THE PHILIPPINES)
CITY OF TAGBILARAN ) S. S.

COUNTER- A F F I D A V I T

I, LEMUEL M. CAHIG, the respondent in the above case, after having been sworn in
accordance with law, hereby depose and say THAT:

1. On September 7, 2010, at about 8:00 am, I went to the residence of my friend, Ruel
Quedang at Canmanico, Valencia, Bohol. The two of us were conversing in front of his house
situated at the national highway. Thereafter, Junior (Diosdado T. Japos, Jr.) came by and
asked me to accompany him to Dimiao, Bohol. Junior was my godfather and a friend. He was
fond of me. He usually invited me to go with him wherever he went and when I was available.
He told me that Dodong (Dominico J. Gamayot) would transport us to Dimiao;

2. Later, Dodong came driving a motorcycle and picked us up. The two of us backrided
and I bade my friend Ruel goodbye. I was at the middle while Junior sat behind me as we
headed to Dimiao. Dodong and I were not friends. He was a friend of Junior. I did not know
what particular place in Dimiao we were going. I was just tagging along with them;

3. While we were at Tangohay National Highway, an old woman later on identified as

Alejandra Libres, suddenly crossed the street unmindful whether there were vehicles passing
by. When Alejandra crossed the street, we were about 1 and a half meter away from her.
Dodong steered the motorcycle to the left side of the street (Valencia to Tagbilaran direction)
in an effort to avoid hitting her but to no avail. Sensing an impact, I instinctively held on very
tightly to Dodong. The accident happened swiftly. The motorcycle was in good condition and
Dodong was not driving recklessly. He drove at a regular speed. Despite these facts, the
accident happened due to the careless act of Alejandra. I believe all motorists placed in the
same situation would likewise suffer the same fate;

4. After the collision, Dodong and I fell on the left side of the road pinned by the
motorcycle. Dodong was unconscious. Junior was thrown away and landed in the middle of
the street. I managed to get out of the predicament, grabbed the motorcycle’s handle bar and
pushed it to the left side of the street where it was safe and left it on its sidestand. I checked
on myself and realized I had injuries on my right arm and right leg. Then I carried Junior to the
right side of the street where the unconscious woman was also lying. Junior at that time was
still conscious;

5. At about five minutes after the incident, people started to mill around us. Noel
Balistoy, a tricycle driver and my neighbor happened to pass by and stopped to see what was
going on. I requested Noel to transport at least one of the two seriously injured victims to the
hospital but the people around me protested. They did not want any of them to be moved
without the presence of the police authorities. I tried to insist the urgency for them to have
medical attention but to no avail. Later, Junior was able to sit down. At that moment, I thought
Junior was going to be okay.

6. Dazed and confused, I boarded the tricycle and went home. In the afternoon, I went
to Garcia-Hernandez, Bohol, where my mother is working to tell her what happened. Then we
went to the Municipal Health Office of Garcia-Hernandez for medical consultation and
treatment;

7. On September 8, 2010 at about 3 pm, my mother and I went to Dimiao Police Station
to officially report exactly what happened during the accident. A Police Officer just listened to
me. He did not enter my statement in the Police Blotter;

8. Although, I also sustained injuries, I did not file a claim against the driver, Dodong,
for he was seriously injured and eventually died. Moreover, I personally witnessed the whole
incident and I could not find fault in his driving. My injuries were minor compared to the other
three who all died;

9. I am the lone survivor of the accident because I was safely cushioned by the driver
and Junior. Dodong, who was in front, absorbed much of the impact causing him to be
instantly unconscious. The sudden impact also caused Junior, who was at my back, to be
immediately thrown away. Alejandra was also thrown to the right side of the street;

10. It was a known fact that Dodong was the registered owner of the motorcycle.
Dodong was the driver. The family of Dodong knew all along that it was Dodong who was
driving the motorcycle when he left home. Despite that knowledge, they conspired with the
families of the other victims and falsely accused me for reckless driving. The family of Dodong
is the one who took advantage of the situation, because all the other victims are dead. The
reason the family of Dodong put the blame on me is because they would be facing problems
brought about by the deaths caused by the motorcycle registered in his name and driven by
him. To evade that problem and to shamelessly ask for indemnity, they insisted that I was the
driver. I am deeply saddened about their unfair actuations, especially the family of Junior. We
were close friends before this tragedy occurred. Had I been the driver, I could have been
dead by now and not only sustained minor injuries. I am only 21 years old and still jobless.
Until the present, I am still in college and my parents paid for my education. I do not have
money to pay anyone. I understand their pain of losing a loved one but their pain should not
have been improperly utilized to accuse me. I did not cause their deaths. When the accident
happened, the lives of the three of us were equally placed in danger. We were not wearing
helmets as our protective covering. Yet with Divine intervention and luck, I was able to survive;

11. My friend, Ruel Quedang saw Junior and I backrided on Dodong’s motorcycle. But
Ruel is working in Cagayan de Oro He is not available to make a testimony. He will willingly
testify when he comes back. I never insisted that I would be the one to drive the motorcycle
for Dodong was not my friend and he would not entrust his motorcycle to me;

12. The testimony of Melvin Gorra, the balut vendor was highly incredible. I did not
know him. I never encountered him before. I didn’t buy baluts. He was not an eyewitness at
the point of impact. He testified that upon his arrival, he saw one of the backriders sitting at
the shoulder of the road. Junior Japos was able to sit down only about 10 minutes after I
carried him to the right side of the street. Also, Alejandra was not lying in the middle of the
street for she was thrown at the right side of the street. Yet he testified that he found Alejandra
on the middle of the street and with the help of another, they placed Alejandra at the shoulder
of the highway;
 13. The testimony of Herbert Japos was likewise fabricated. He seemed to be busy in
the delivery of his choco balls and peanut butter yet he was very conscious on the motorists
passing by especially Lemuel. Although Lemuel was in the middle and Junior was at the back,
he was able to see the two of them but failed to recognize the driver and owner of the
motorcycle. He made Lemuel the driver of the motorcycle even if he was just a backrider;

14. The testimony of Luisita Japos, Benigno Gamayot and Evangeline were all hearsay
for they had no personal knowledge about the accident;

15. I am executing this affidavit to attest to the truth of the foregoing statements and for
whatever legal purpose that this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this _________________, at

Tagbilaran City, Bohol, Philippines.he

LEMUEL M. CAHIG
Affiant

SUBSCRIBED AND SWORN to before me this ________________, at Tagbilaran City,

Bohol, Philippines with Driver’s License No. G03-03-000864 issued on March 15, 2010 at LTO-
Tagbilaran and I hereby certify that I have examined the herein affiant and I am fully
convinced and satisfied that he voluntarily executed the affidavit in his own free will and
volition and that he understood all the contents of the same.